LALIT KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner though selected by the Dealer Selection Board as the first candidate, failed to get the MS/HSD retail outlet dealership of Bharat Petroleum Company Ltd. at Sarauni in the district of Saharsa as a result of his inability to make available a suitable land for setting up the dealership within the stipulated time. Aggrieved by the withdrawal of the letter of intent by the Petroleum Company, he has come to his Court seeking its intervention in his favour.

(2.) THE relevant facts of the case are partly admitted and are partly in dispute. These are brief and may be stated thus. In pursuance of the petitioner 'sselection by the Dealer Selection Board, the Petroleum Company issued a letter of intent dated 29.6.2002 (Annexure -1). In the letter of intent the petitioner was asked to arrange a suitable piece of land measuring 150 feet x 100 feet (dimension of the plot) at the main road near Sarauni within two months from the receipt of letter and to develop the land and construct structures on it as per the Company 'sdesign and specifications after obtaining clearance from the Petroleum Company. It was further stipulated that:

(3.) BEFORE any development in this matter could take place, the Central Government decided to cancel all allotments of dealerships, vide letter no. P -19011/4/2002 ICC, dated 9.8.2002 that were under process. Following the decision of the Central Government, the respondent -Petroleum Company recalled its letter of intent dated 29.6.2002 by its letter dated 13.8.2002. Later, on the basis of the judgment of the Supreme Court passed on 20.12.2002 in the controversy relating to grant of dealerships by the Petroleum Companies, the respondent -Company by its letter dated 27.1.2003 cancelled its letter of 13.8.2002, thereby restoring the earlier letter of intent issued in favour of the petitioner. According to the petitioner, the letter of 27.1.2003 was received by him on 6.2.2003.